(A) General. It is a misdemeanor for any person, except a city employee acting within the course, and scope, of his or her employment, or a contractor acting within the course, and scope, of a contract with the city, to make any excavation, opening, or tunnel in, over, across, or upon a street, or other public property, without first having obtained a written permit from the Street/Park Superintendent as herein provided.
(B) Application. Application for a permit to make a street excavation shall describe with reasonable particularity, the name and address of the applicant, the place, purpose, and size of the excavation, and other information as may be necessary, or desirable, to facilitate the investigation hereinafter provided for, shall be signed by the property owner and contractor, if any, and filed with the City Clerk-Treasurer.
(C) Investigation and payment of estimated costs. Upon receipt of the application, the City Clerk-Treasurer shall refer the application to the Street/Park Superintendent who shall cause the investigation to be made, as he or she may deem necessary, to determine estimated cost of repair, such as back-filling, compacting, resurfacing, and replacement, and the conditions as to the time of commencement of work, manner of procedure, and time limitation upon the excavation. The foregoing estimated costs shall include permanent, and temporary, repairs due to weather or other conditions, and the cost of the investigation shall be included in the estimate.
(D) Protection of the city and the public.
(1) Work shall progress expeditiously to completion in accordance with any time limitation placed thereon so as to avoid unnecessary inconvenience to the public. In the event that work is not performed in accordance therewith, or shall cease or be abandoned without due cause, the city may, after six hours’ notice in writing to the holder of the permit of its intention to do so, correct the work, fill the excavation, and repair the public property, and the cost thereof shall be paid by the person holding the permit.
(2) Prior to commencement of the work described in the application, the applicant shall furnish the city satisfactory evidence, in writing, that the applicant will keep in effect public liability insurance of not less than $100,000 for any person; $300,000 for any occurrence; and property damage insurance of not less than $25,000, issued by an insurance company authorized to do business in the state on which the city is named as a co-insured.
(3) Before issuance of a permit, the applicant shall, in writing, agree to indemnify, and hold the city harmless, from any liability for injury, or damage, arising out of the action of the applicant in performance of the work, or any expense whatsoever incurred by the city incident to a claim, or action, brought, or commenced, by any person arising therefrom.
(E) Issuance of permit. The Street/Park Superintendent shall issue the permit after:
(1) Completion of the investigation;
(2) Payment by the applicant in advance of all estimated costs as aforesaid;
(3) Agreement by the applicant to the conditions of time and manner as aforesaid; and
(4) Agreement, in writing, by the applicant to pay all actual cost of repair over, and above, the estimate, including cost of the investigation.
(F) Repairs. All temporary, and permanent, repairs, including back-filling, compacting, and resurfacing, shall be made, or contracted for, by the city in a manner prescribed by the Street/Park Superintendent, and an accurate account of costs thereof shall be kept.
(G) Cost adjustment. Within 60 days following completion of the permanent repairs, the Street/Park Superintendent shall determine actual costs of repairs, including cost of investigation, and prepare, and furnish, to the permit holder an itemized statement thereof, and claim additional payment from, or make refund to, the permit holder, as the case may be.
(H) Alternate method of charging. In lieu of the above provisions relating to cost and cost adjustment for street openings, the city may charge, on the basis of surface square feet removed, excavated cubic feet, or a combination of surface square feet and excavated cubic feet, on an established unit price uniformly charged.
(Prior Code, § 7.07) (Ord. 32, second series, passed 12-21-1981)